Case Summary
The plaintiff, Archdiocese of Verapoly, has filed a suit against the defendant, Josy Lazar, for recovery of unpaid rent arrears and damages related to rental properties. The defendant failed to appear in court and was proceeded against exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,24,370/- along with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of the total amount due from the defendant as well as interest and costs. The plaintiff is entitled to a decree amount of Rs. 2,24,370/-.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the defendant's non-payment of rent and failure to respond to notices.
The plaintiff provided sufficient evidence of the defendant's non-payment of rent and failure to respond to notices.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the defendant's non-payment of rent and failure to respond to notices.
The plaintiff provided sufficient evidence of the defendant's non-payment of rent and failure to respond to notices.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A4 established the case as pleaded by the plaintiff. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted and the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.2,24,370/- (Rupees two lakhs twenty four thousand three hundred and seventy only) from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- ARCHDIOCESE OF VERAPOLY
- Party Role
- Defendant
- Party Name
- Josy Lazar
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Copy of the lawyer's notice dated 30.07.2024, Original lease deed dated 21.11.2018, Original power of attorney dated 29.05.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- L. Aloysius Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- George Thomas L.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.2,24,370/- from the defendant.
Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize an amount of Rs.2,24,370/- (Rupees two lakhs twenty four thousand three hundred and seventy only) from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest at 12% per annum for the amount of Rs.2,24,370/- from the date of suit till the date of decree.
Evidence:
2. Plaintiff is entitled to realize interest @ 12% per annum for Rs.2,24,370/- (Rupees two lakhs twenty four thousand three hundred and seventy only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest at 6% per annum for the amount of Rs.2,24,370/- from the date of decree till date of realization.
Evidence:
3. Plaintiff is entitled to realize interest @ 6% per annum for Rs.2,24,370/- (Rupees two lakhs twenty four thousand three hundred and seventy only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
4. Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document was used to establish the notice issued to the defendant regarding the termination of the tenancy and arrears of rent.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document was used as evidence to show the receipt of the lawyer's notice by the defendant.
Reference:
Ext.A2
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
This document provided the original leasing terms between the plaintiff and the defendant.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorized the representative of the plaintiff to act in legal matters concerning the case.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between ARCHDIOCESE OF VERAPOLY vs Josy Lazar regarding realization of money
Case Code Year
Case between ARCHDIOCESE OF VERAPOLY vs Josy Lazar regarding realization of money